CANTON − Owners of the famed Timken Stables building have lost another legal round due to the deteriorating condition of the historic building.
The 5th District Court of Appeals in Canton rejected an appeal filed with the Beit HaKavod Messianic Synagogue. The faith-based group has been embroiled in a lengthy legal battle with the city over the building at 2317 13th St. NW.
In March 2023, city officials sued congregation leader Rabbi Mark Lancaster, who bought the building at auction in 2013. The complaint accuses Lancaster of failing to make safety-related repairs, which are estimated at $4 million. The lawsuit asked a judge to force Lancaster to make the repairs within 30 days or sell the building, prompting church officials to ultimately appeal to a higher court.
The 5th District Court recently ruled that the Stark County Common Pleas Court’s decision was legally sound to side with the city and conclude that Beit HaKavod did not meet the burden that it would likely prevail in court.
“We are pleased but not surprised by the court’s unanimous decision to deny Beit HaKavod’s appeal,” said Kevin R., L’Hommedieu, chief counsel for the city’s legal department. “Unfortunately, Beit HaKavod admits it lacks the millions of dollars needed to repair the dangerous and dilapidated property, which has also become an eyesore.”
Beit HaKavod is appealing against Timken Stables’ construction decision
Lancaster and his wife Heidi, co-founder of the ministry, vow to keep fighting.
“It’s not a surprise to us; we expected this outcome from this appeals court,” Heidi Lancaster said.
“We will absolutely appeal this opinion/decision to the Ohio Supreme Court. Actually, we’re willing to go all the way to the Supreme Court of the United States. This is a civil rights case; our constitutional rights have been denied. It is abuse of power, discrimination with prejudice and denial of religious freedoms.”
In its appeal, Beit Ha’Kavod argued that it had not been given enough time to bring the building into order. However, the appeals court concluded that the group can now – for the first time – not litigate about the reasonableness of the discount the city gave it, adding that the city made numerous attempts a year earlier to deal with Beit Ha’Kavod to work together. citations were issued.
The court noted that Beit Ha’Kavod skipped a hearing ordered in December 2019 by the Ohio State of Building Appeals.
The appeals court also affirmed a ruling that Beit Ha’Kavod had failed to prove its claim that its First Amendment rights were violated by the city through a “targeted application” of state fire codes, and rejected Beit’s claim Ha’Kavod that this was the case. treated differently than other religious organizations cited for fire code violations because their attorneys did not present specific examples to support their argument.
According to the 5th District ruling, Canton did not violate the municipality’s First Amendment rights by halting repairs in 2018 because Beit Ha’Kavod used unlicensed contractors and did not have the proper permits.
A “messianic” congregation, members of Beit Ha’Kavod believe that Jesus is the Jewish Messiah. They observe Jewish holidays, dietary laws and other traditions. The name is Hebrew for “House of Glory”
Heidi Lancaster said the case has damaged their credibility.
“Our ministry and we personally have been vilified and lost our reputation because of what the City of Canton officials did to us,” she said. “We fight for what’s right. As the saying goes, ‘You can’t fight City Hall.’ Well, as long as the lawsuits are going on, we can’t hold our roof back.”
Timken Stables construction history
Built in 1910, the iconic building originally served as a horse-drawn carriage stable for the HH Timken family estate. The circular structure has 12-inch-thick walls, slate shingles, and castle-like turrets. It was added to the National Register of Historic Places in 1978.
In recent years it housed a sports-themed restaurant.
Beit Ha’Kavod has been holding worship services at a different location since 2019.
Lancaster said the department recently acquired 501C-3 nonprofit status that allows them to apply for grants. They have also started a fundraising campaign.
“We are raising money in phases, which is also used for the matching subsidies,” she says. “Phase one is finalizing our structural design with our architect, structural engineer and their design team so that the actual replacement and repair of our roof can begin.”
Their goal, she said, is to serve as a welcome center for visitors to Canton and to network with other ministries to serve the community.
She accuses city officials of ulterior motives.
The owners of the famed Timken Stables building have lost another legal round due to the deteriorating condition of the historic building.
“People in our community are seeing what’s happening with our situation,” she said. ‘Many have come to us and given their words of encouragement and support. The consensus is that the city of Canton wants our building and land because of something to do with the Pro Football Hall of Fame. There is corruption. and injustice, and the people know it.”
L’Hommedieu disputes the accusation.
“Canton’s sole interest is to ensure the health, safety and welfare of the public,” he said. “Except that HaKavod’s claim that Canton has an ulterior motive is baseless.”
Reach Charita at 330-580-8313 or charita.goshay@cantonrep.com
On Twitter: @cgoshayREP
This article originally appeared on The Repository: Beit HaKavod leaders appeal new court ruling on Timken Stables
